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MINUTES OF THE ORDINARY MEETING OF ASHFIELD COUNCIL HELD IN THE COUNCIL CHAMBERS, LEVEL 3, CIVIC CENTRE, 260 LIVERPOOL ROAD, ASHFIELD ON TUESDAY 22 SEPTEMBER 2009, COMMENCING AT 7.17 PM.

 

 

PRESENT         His Worship the Mayor, Councillor Cassidy in the Chair and Councillors Drury, Kelso, Kennedy, Lofts, Mansour, McKenna, Rerceretnam, Stott, Wang and Wangmann

 

                            Mr K Gainger        General Manager

                            Ms V Chan            Director Corporate and Community Services

                            Mr P Sarin            Director Planning and Environment

                            Mr S Joannidis     Director Works and Infrastructure

                            Mr A Parker          Strategic Purchasing Officer

                            Ms G Rennard      Manager Governance

 

PRESENTATION

 

Mr Anthony Biddle, Acting Services Manager from Sydney Buses presented to Councillors on changes to local bus routes prior to the Council meeting opening.

 

The presentation began at 6.37pm and concluded after questions at 7.16pm

 

 

ACKNOWLEDGEMENT OF LOCAL INDIGENOUS COMMUNITY

 

"Let us acknowledge that we are meeting on country for which the members and elders of the local Indigenous community have been custodians for many centuries, and on which Aboriginal people have performed age old ceremonies. We acknowledge their living culture and unique role in the life of this region."

 

 

APOLOGIES    

 

406/09                RESOLVED                                  Mansour / Rerceretnam

 

An apology for non attendance was received and accepted from Councillor Adams

 

Councillor Kennedy left the meeting at 7.24pm

 

 

MOMENT OF PRIVATE CONTEMPLATION

 

The chairperson invited Councillors, staff, members of the press and gallery to stand and observe a moment of private contemplation.

 

CONDOLENCES AND SYMPATHY MOTIONS

 

407/09                RESOLVED                                  Lofts / Mansour

 

That Ashfield Council honours and commemorates the life and achievements of Virginia Chadwick, who served the people of NSW with distinction and notes her passing with great sorrow.

 

 

 

DEATH OF MR GREG SLATER. Edward Cassidy - Mayor. Report Submitted.

(15/09/09)                                                                                           Condolence

                                      h:\reports.bp\Council\Reports\CM220909MM_36.doc

                                                                                           MM36/2009 Attached

 

408/09

RESOLVED                                  Cassidy

 

That a letter of condolence be sent to his family.

 

 

Councillor Kennedy returned to the meeting at 7.27pm

 

DISCLOSURES OF INTEREST

 

Councillor Stott declared a Non-Pecuniary / Non-Significant Interest in item CM 10.2 as the property is owned by her neighbour.

 

Councillor Mansour declared a Non-Pecuniary / Non-Significant Interest in item CM 10.2 as he resides in the same street

 

 

Suspension of Standing Orders

 

409/09

RESOLVED                                            Mansour/ McKenna

 

That standing orders be suspended to deal with issues that members of the public wish to address, the time being 7.28pm.

 

 

 

CROYDON PARK -  GEORGES RIVER ROAD COMMERCIAL DISTRICT. Edward Cassidy - Mayor. Report Submitted.

(14/09/09)                                                                                                     Traffic

                                      h:\reports.bp\Council\Reports\CM220909MM_35.doc

                                                                                           MM35/2009 Attached

410/09

RESOLVED                                  Stott/Cassidy

 

That members of the public be permitted to address the meeting.

 

Hassan Moussa addressed the meeting at 7.29pm and concluded at 7.32pm.

 

411/09

RESOLVED                                  Cassidy

 

1/2              That the Council endorse the establishment of a joint project team involving staff from each of the three councils to explore common objectives and shared funding for proposed streetscape and traffic management works in the area along Georges River Road from Milton Street Ashfield to Coronation parade South Enfield.

 

2/2              That the Mayor, Ward Councillors and President of Croydon Park Chamber of Commerce be kept informed of the progress of this matter.

 

 

 

DEVELOPMENT APPLICATION: 10.2009.122.1

183 PARRAMATTA ROAD, HABERFIELD Andrew Johnston - Development Assessment Officer. Report Submitted with attachments 1 to 3.

(07/09/09)                                                                                          10.2009.122

                                         h:\reports.bp\Council\Reports\CM220909SR_1.doc

                                                                                                 CM 10.1 Attached

 

412/09

 

 

 

 

 

 

 

 

 

413/09

 

 

 

414/09

 

 

 

 

 

 

415/09

 

RESOLVED                                   McKenna / Cassidy

 

That members of the public be permitted to address the meeting.

 

Ben Nastasi addressed the meeting at 7.32pm and concluded at 7.35pm

 

David Skepev addressed the meeting at 7.36pm and concluded at 7.49pm

 

RESOLVED                                  Lofts / Cassidy

 

That Mr Skepev be granted an extension of time.

 

RESOLVED                                  McKenna / Cassidy

 

That Mr Skepev be granted a further extension of time.

 

Councillor Kelso left the meeting at 7.42pm and returned to the meeting at 7.46pm

 

RESOLVED                                  Cassidy / Stott

 

That Mr Skepev be granted a further extension of time.

 

 

 

 

416/09

The Recommendation as it appeared in the Report was moved by Councillor Mansour but lapsed for want of a seconder

 

RESOLVED                                  Cassidy / McKenna

 

That the application be deferred and a meeting be held between the Applicant and Council’s Health and Environmental staff regarding the issues of noise, odour and housekeeping and the matter be brought back to the first Council meeting in November.

 

The voting was as follows:-

 

For the Motion

 

Councillors McKenna, Rerceretnam, Stott, Wangmann, Cassidy, Kelso, Kennedy, Lofts and Wang.

 

Against the Motion

 

Councillors Mansour and Drury

 

The Motion was Carried

 

 

Councillors Stott and Mansour left the meeting due to having previously declared a conflict of interest in Item 10.2

 

Councillor Kennedy left the meeting at 8.17pm

 

 

 

DEVELOPMENT APPLICATION: 10.2009.114.1

46 TINTERN ROAD, ASHFIELD Haroula Michael - Development Assessment Officer. Report Submitted with attachments 1 to 4.

(08/09/09)                                                                                          10.2009.114

                                         h:\reports.bp\Council\Reports\CM220909SR_2.doc

                                                                                                 CM 10.2 Attached

 

417/09

 

RESOLVED                                  Lofts / Kelso

 

That the matter be deferred as requested by and for the reasons outline by Filmer Architects

 

 

The voting was as follows:-

 

For the Motion

 

Councillors McKenna, Rerceretnam, Wangmann, Cassidy, Kelso, Lofts, Mansour and Wang.

 

Against the Motion

 

Councillor Drury

 

The Motion was Carried

 

 

Resumption of Standing Orders

 

418/09

RESOLVED                                            Lofts/Kelso

 

That standing orders be resumed at 8.26pm.

 

 

Councillors Kennedy, Mansour and Stott returned to the meeting at 8.27pm

 

Suspension of Standing Orders

 

419/09

RESOLVED                                  Mansour/Wangmann

 

That standing orders be suspended to deal with item 10.3 the time being 8.27pm.

 

                            

 

DEVELOPMENT APPLICATION: 10.2009.124.1

10 SHEPHERD STREET, ASHFIELD Andrew Johnston - Development Assessment Officer. Report Submitted with attachments 1 to 4.

(11/09/09)                                                                                         10.2009.124.

                                         h:\reports.bp\Council\Reports\CM220909SR_5.doc

                                                                                                 CM 10.3 Attached

420/09

RESOLVED                                  Mansour / Drury

 

That members of the public be permitted to address the meeting.

 

Michelle Khoury addressed the meeting at 8.28pm and concluded at 8.31pm

 

421/09

RESOLVED                                  Mansour / Drury

 

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) approve Development Application No. 10.2009.124.1 for alterations and a first floor addition to the dwelling house on Lot 4 in DP: 17789, known as 10 Shepherd Street, Ashfield, subject to the following conditions.

 

 

The voting was as follows:-

 

For the Motion

 

Councillors McKenna, Drury, Kelso, Lofts, Mansour, and Wang.

 

Against the Motion

 

Councillors Stott, Wangmann, Kennedy, Rerceretnam and Cassidy

 

The Motion was Carried

 

 

Resumption of Standing Orders

 

422/09

RESOLVED                                  Mansour / Cassidy

 

That standing orders be resumed the time being 8.40pm.

 

 

Councillor Kelso left the meeting at 8.40pm

 

CONFIRMATION OF MINUTES

 

423/09

 

 

RESOLVED                                  Stott /Mansour

 

That the minutes of the Extraordinary Council Meeting held on Tuesday 1 September 2009 be confirmed.

 

424/09

 

RESOLVED                                  Mansour / Wang

 

That the minutes of the Ordinary Council Meeting held on Tuesday 8 September 2009 be confirmed with the following amendment:-

 

General Business Item – Biggest Conversation include “and requested a breakdown of participation levels in each activity”

 

425/09

 

RESOLVED                                  Stott / Wangmann

 

That the minutes of the Ashfield Access Committee Meetings of the 3 August 2009 and 7 September 2009 be adopted.

 

 

Mayoral Minutes

 

 

SYDNEY BUSES - PROPOSED BUS NETWORK CHANGES. Edward Cassidy - Mayor. Report Submitted with attachments 1 and 2.

(14/09/09)                                                                                                Transport

                                      h:\reports.bp\Council\Reports\CM220909MM_34.doc

                                                                                           MM34/2009 Attached

 

426/09

RESOLVED                                  Cassidy

 

1/4              That Council make a submission calling for the STA to retain a bus service to all of the current streets in the Ashfield Park and North Haberfield Areas unless there are increases in other State and Federal Government transport programs to offset the impacts

 

2/4              That the Mayor and Councillors seek to hold a meeting with Local Members of Parliament Verity Firth, Virginia Judge and Linda Burney at the earliest convenience with the aim of gaining their support to retain the level of bus services to the Ashfield area.

 

3/4              That Council write again to the appropriate authority and Minister about the extension of a 413 bus service from Campsie to Ashfield Station.

 

4/4              That Council officers provide interested Councillors with a copy of the previous requests for an extension of the 413 bus service and any responses to date.

 

 

Notices Of Motion

 

 

ASHFIELD BLOKES- NOT VIOLENT, NOT SILENT. Mark Drury - Councillor. Report Submitted with attachment 1.

(11/09/09)                                                              Community Women in Focus

                                       h:\reports.bp\Council\Reports\CM220909NM_43.doc

                                                                                           NM43/2009 Attached

 

427/09

RESOLVED                                  Drury/Lofts

 

That Ashfield Council believes violence against women is unacceptable. We declare our abhorrence of violence against women. We pledge not to be silent. To demonstrate this Council will hold a BBQ on the 25 November at the Depot and to ask all male Councillors and Council staff to buy and wear a white ribbon and undertake other action to indicate that council condemns the use of violence against women.

 

 

 

USE OF COUNCIL LAND AS A PLACE OF ENTERTAINMENT. Caroline Stott - Councillor. Report Submitted.

(22/09/09)                                                                            Governance > Policy

                                       h:\reports.bp\Council\Reports\CM220909NM_44.doc

                                                                                           NM44/2009 Attached

 

428/09

RESOLVED                                  Stott / Lofts

 

1/5              That Ashfield Council develop a municipality-wide policy on the use of its land as a place of entertainment.

 

2/5              That this policy be developed in consultation with the business community and local residents.

 

3/5              That the policy state clearly the hours of use and the maximum noise levels permitted.

 

4/5              That a draft policy be prepared and trialled for the 2009/10 summer season

 

5/5              That this policy be drafted to both facilitate and regulate outdoor entertainment on the basis of what a ‘reasonable’ person considers satisfactory

 

     

 

AMENDMENT TO PART C11 OF ASHFIELD DEVELOPMENT CONTROL PLAN 2007 - PARKING - CROYDON URBAN VILLAGE

Ron Sim - Manager Strategic Planning & Projects. Report Submitted with attachments 1 and 2.

(11/09/09)                                                                                               DCP C11

                                         h:\reports.bp\Council\Reports\CM220909SR_4.doc

                                                                                                 CM 10.4 Attached

 

429/09

RESOLVED                                  Wangmann / McKenna

 

1/3              That Part C11 of the Ashfield Development Control Plan (DCP) 2007 be amended along the lines suggested in this report- i.e. no additional car parking be required for changes of building use that do not involve increases in gross floor area within the area shown on Map 1 – Attached.

 

2/3              That the proposed DCP amendments be notified/placed on public exhibition to comply with the requirements of the EPA Act 1979 (as amended).

 

3/3              That a further report be placed before Council when the exhibition concludes.

 

 

 

DLG COMPARATIVE INFORMATION 2007/08. Vanessa Chan - Director Corporate and Community Services. Report Submitted.

(11/09/09)                                           Governance > State Government > DLG

                                         h:\reports.bp\Council\Reports\CM220909SR_6.doc

                                                                                                 CM 10.5 Attached

 

430/09

RESOLVED                                  Mansour / McKenna

 

That Council receive and note the report.

 

  

GENERAL BUSINESS

 

DA – TIMBRELL PARK FLOOD LIGHTS

 

431/09                RESOLVED                                  Cassidy / Stott

 

That the General Manager and Director Planning and Environment formally assess the DA regarding the installation of lighting in Timbrell Park to determine if there is likely to be any negative impact on the amenity to the surrounding residents of Haberfield. Should there be an adverse impact that officers write a formal submission to the City of Canada Bay.

 

 

DOBROYD STREET PRIMARY SCHOOL

 

432/09                RESOLVED                                  Cassidy / Kennedy

 

That the General Manager write to Dobroyd Point Primary School requesting information on any proposal for development onto the school site in response to the Rudd Governments Stimulus package. That the school community be reminded of the aims and objectives of its Haberfield Conservation Area LEP and DCP guidelines/requirements and the signal story requirement for any building in the area. Council acknowledges the schools recognition of these guidelines in developments that have occurred on its school site to date.

 

 

TRAIN SERVICES

 

433/09                RESOLVED                                  Wangmann / Cassidy

 

That Council ask the Minister responsible for train services for a meeting to discuss the post and proposed reduction of train services at Summer Hill, Croydon and Ashfield train stations and the lack of sufficient services at peak hour at Ashfield Station. That the Mayor, Councillor Wangmann and any other councillors attend that meeting.

 

 


CIVIC CENTRE REDEVELOPMENT

 

Councillor Wangmann - That council officer’s comment on whether any additional action can be implemented to reduce heat in the civic centre due to the northern glazing.

                        

That Councillors be provided with shade diagrams for north facing glazing and the range of times the internal areas are affected.

 

Director of Planning and Environment – noted that a report had been presented to the last meeting of the Civic Centre Steering Committee prepared by Council’s consultants. A further report from Council officers will be prepared.

 

 

LIGHT RAIL FEASIBILITY STUDY

 

Councillor Wangmann – sought clarification as to whether Council had already paid the $30,000 contribution towards the light rail feasibility study.

 

Director Corporate and Community Services – will investigate and report back.

 

 

POTENTIAL FUNDING

 

Councillor Kennedy – informed council of an article in today’s paper that funding is available under the NSW Healthy Communities Scheme.

 

 

PALM TREES

 

Councillor McKenna – sought clarity as to whether palm trees required approval to be removed.

 

Director Works and Infrastructure -  all trees require a tree preservation order if the tree exceeds  5 metres in height

 

 

AFTER HOURS

 

Councillor Mansour – sought clarity as to the after hours Council number

 

Director Planning and Environment – explained that out of hours calls are directed to an answering service and they in turn contact Council Rangers

 


 

BUSINESS CARDS

 

Councillor Mansour – had placed an order for business cards some weeks ago and was still awaiting their arrival

 

Director Corporate and Community Services – will pursue the matter

 

 

NATURE STRIPS

 

Councillor Rerceretnam - That Council officers actively monitor the state of nature strips adjacent or opposite of large entities like schools, clubs, hospitals, retirement homes, business etc. Since Ashfield Council recently pulled back on grass cutting in such areas in the last year or so.

 

Director of Works and Infrastructure -  letters have been written to various organisations and the issue will be followed up with schools and clubs.

 

 

GROSVENOR SITE

 

Councillor Stott – sought clarification if any residents have been notified as yet regarding the proposed development of the Grosvenor site

 

Director Planning and Environment – to seek clarification

 

 

AIRCRAFT NOISE

 

Councillor Lofts – has received complaints from residents regarding increased aircraft noise in the LGA

 

Councillor Cassidy – also had concerns regarding increased aircraft noise and breeches on curfews. These issues will be raised at a meeting this Friday with SACF

 

 

TELSTRA PHONE BOXES

 

Councillor Lofts – will notify the Manager Infrastructure Services of several collapsing Telstra boxes believe some may be of a concern to safety

 

 

STREET TREES

 

Councillor Lofts – enquired as to whether council trimmed overhanging trees from council property onto private property

 

Director of Works and Infrastructure -  this not undertaken as a matter of course however residents can notify council of any concerns and council contractors can be instructed to undertake any necessary tree lopping.

 

 

CLOSED (PUBLIC EXCLUDED) COMMITTEE

 

434/09                RESOLVED                                  Wangmann / Stott

 

                            That the following items be considered in Closed (Public Excluded) Meeting and the Press and Public be excluded in accordance with Section 10A Subclause (2)(a) of the Local Government Act, the time being  9.56pm.

 

 

 

tender – collection of general solid waste, recyclables and organics including clean-up services

Alan Parker - Strategic Purchasing Coordinator. Report Submitted with attachments 1 to 3.

(16/09/09)          2009 Tenders & Quotes>Collection of General Solid Waste

                                       h:\reports.bp\Council\Reports\CM220909SR_11.doc

                                                                                                 CM 10.6 Attached

 

 

 

1/3              That under Section 178 (1) (a) of the Local Government (General) Regulation 2005 that Council accept the tender submitted by Transpacific Cleanaway, subject to receipt  of a satisfactory financial report from Kingsway Financial and legal advice with regard to the Agreements.

 

2/3              That the General Manager is granted the authority to further negotiate and execute the contract with Transpacific Cleanaway as soon as practicable, subject to a satisfactory legal review.

 

3/3              That Council inform the unsuccessful tenderers of the decision

 

 

The recommendation in the report was not moved as it had been superseded by item 12.1

 

 

435/09                RESOLVED                                  Kennedy / Stott

 

That the meeting revert to an open meeting at 10.42pm.

 

The Chairperson reported that the Closed (Public Excluded) meeting passed the following resolutions.

 

 

 

TENDER - COLLECTION OF GENERAL SOLID WASTE, RECYCLABLES AND ORGANICS INCLUDING CLEAN-UP SERVICES – PART 2. Alan Parker - Strategic Purchasing Coordinator. Report Submitted with attachments 1 and 2.

(16/09/09)          2009 Tenders & Quotes>Collection of General Solid Waste

                                       h:\reports.bp\Council\Reports\CM220909SR_11.doc

                                                                                                C/W 12.1 Attached

 

436/09

RESOLVED                                  Mansour / McKenna

 

1/3              That under Section 178 (1) (a) of the Local Government (General) Regulation 2005 that Council accept the tender submitted by Transpacific Cleanaway, subject to legal review of the contract documents and acceptance by the preferred supplier of an increase in the Bank Guarantee from $500k to $1.5Million, to remain in place until TIG attains a satisfactory financial assessment rating, at that time reverting back to $500k.

 

2/3              That the General Manager is granted the authority to further negotiate and execute the contract with Transpacific Cleanaway as soon as practicable, subject to a satisfactory legal review (see Item 4)

 

3/3              That Council inform the unsuccessful tenderers of the decision

 

  

 

S94 PLan EOI REPORT. Phil Sarin – Director Planning and Environment. Report Submitted with attachments 1 and 2.

(10/09/09)                                                                                                         S94

                                         h:\reports.bp\Council\Reports\CM220909SR_9.doc

                                                                                                C/W 12.2 Attached

 

437/09

RESOLVED                                   McKenna / Mansour

 

1/2              That Council select Don Fox Planning as the preferred firm to undertake the project.

 

2/2              That all other firms be thanked for their submissions.

 

 

 

 

 

 

 

 

 

 

 

 

PROCEEDINGS TERMINATED AT 10.43PM

 

 

Chairperson of the meeting of Ordinary Meeting Committee

when the Minutes were confirmed

 

 

Chairperson

Date